What is the right to discharge from a mental health facility?

The right to discharge from a mental health facility in California is the legal right of an individual to terminate or end the voluntary or involuntary commitment of a person to a mental health facility in the state. This right is established by the Lanterman-Petris-Short (LPS) Act, which is the state law that governs mental health care and treatment. The right to discharge from a mental health facility is granted to both voluntary and involuntary patients and comes with a number of conditions. For voluntary patients, the individual must be deemed by a doctor to be capable of making an informed decision about their care. Then, the patient must sign a discharge form that documents their decision. For involuntary patients, the right to discharge is granted after a doctor determines that the patient is no longer a danger to themselves or others and is competent to make decisions about their care. If a patient is under the age of 18, the legal guardian of the patient must also sign the discharge form. The right to discharge can be revoked at any time if the patient poses a danger to themselves or others. After a patient has been discharged, they can also request to be readmitted to the facility as a voluntary or involuntary patient if needed.

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What is the right to discharge from a mental health facility?

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